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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

by Salih Okur (University of Augsburg) On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitive damages at the University of Augsburg, Germany. Rademacher then analysed whether punitive elements could be found in German tort law.

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v.

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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

The jury found defendant liable for intentional misrepresentation and awarded plaintiff $243,000 in compensatory damages, which was the purchase price of the home, and $250,000 in punitive damages. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action

JonathanTurley

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage. Walgreen Hastings Co.,

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Supreme Court Limits Standing for Class-Action Suits Under FCRA

Constitutional Law Reporter

By a vote of 5-4, the justices held that only a plaintiff concretely harmed by a defendant’s violation of the Fair Credit Reporting Act (FCRA) has Article III standing to seek damages against that private defendant in federal court. The FCRA also creates a cause of action for consumers to sue and recover damages for certain violations.

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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. 47 U.S.C. § 230(e)(3).

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New York Times Loses Effort to Block Kai Spears Defamation Action

JonathanTurley

We have previously discussed retraction statutes that can limit damages or actions. Here is Alabama’s Section 6-5- 186 “Prerequisites to recovery of vindictive or punitive damages in action for libel. Code § 6-5-186, which The Times declined. The standard was later extended to public figures.